Breaking-off contract negotiations without justifiable grounds Abstract The thesis at hand deals with Sec. 1729 of the Civil Code which governs the liability for breaking-off contract negotiations without justifiable grounds. Its aim is to interpret the afore-said provision that forms an inherent part of the newly introduced regulation of pre-contractual liability. The thesis discusses both the conditions for establishing the liability for breaking-off contract negotiations and concurrently the legal consequences thereof. The difficulties in terms of interpretation, incidental to the introduction of this provision, are attempted to be solved by use of theological interpretative method and inspiration drawn from the comparative study of German and Austrian state of law. Finally, the thesis strives for analysing the case-law of the Czech Supreme Court related to the previous legislation and answering a question to which extent the conclusions previously arrived at by this court may be uphold following the recodification process. The thesis is divided into four main chapters. The first chapter emphasizes the importance and role of the principles of freedom of contract and good faith which are crucial for better understanding of culpa in contrahendo. It also elaborates, albeit in general terms, on the matter of...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:351944 |
| Date | January 2016 |
| Creators | Janoušková, Anežka |
| Contributors | Šustek, Petr, Salač, Josef |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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